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PC Res 2207RESOLUTION NO. 2207 PLANNING COMMISSION After notification and public hearing as specified by law on the application of Mr. Lewis West for a variance to Section 21.08.020(7) of the Campbell Municipal Code to allow (1) a variance from 5' to 1' for the required sideyard setback; (2) a variance from 10' to 5' for the required setback between build- ings; and (3) a variance to the requirement that an accessory building be located on the rear half of the lot, on property known as 1350 Juanita tVay in an Interim (Lola Density Residential) Zoning District, as per the application filed in the Office of the Planning Department on April 28, 1983, and after presentation by the Planning Director, proponents and opponents, the hearing ias closed. (lT 83-03) After due consideration of all evidence presented, the Commission did find as follows: 1. A letter from the Santa Clara County Central Permit Office, dated June 6, 1983, confirms the fact that the County would have allowed an enclosed accessory structure to be located with a zero (0) foot setback from the side property line and five (5) feet from the main duelling. 2. It is the policy of the City of Campbell to permit structures which were in conformance with the requirements of the Cotmty to continue to exist when the property is annexed to the City. 3. The City Attorney has deteYmined that a variance to Campbell's setback requirements to allow the existing accessory building to remain on the subject property is not necessary. The Planning Commission does hereby remove this application from the agenda, and recommend to the City Council that the application fee of X150 be re- funded to the applicant. P_aSSED A~'D ADOPTED this 12th day of July 1983 by the follolaing roll call vote: AYES: Commissioners: Campos, Afeyer, Dickson, Kotowski NOES: Commissioners: ICasolas, Howard ABSE'~T: Commissioners: Fairbanks APPROVED: Tiichael F. Kotowski airman ATTEST: Arthur A. Kee ecretary